Proposition 53K3532

Projet de loi portant établissement de la filiation de la co-parente.

General information ¶

Submitted by

The Senate

Submission date

Jan. 21, 2014

Official page

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Status

Adopted

Requirement

Simple

Subjects

descendant civil law equal treatment artificial reproduction

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA LDD MR

Voted to reject

VB

Party dissidents ¶

• Olivier Henry (PS | SP) abstained from voting.

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Discussion ¶

April 22, 2014 | Plenary session (Chamber of representatives)

Full source

Sarah Smeyers, the rapporteur, refers to her written report.

Mr. Speaker, Mrs. Minister, colleagues, despite the fact that the moment may not be obvious, we still wanted to make a presentation on the automatic recognition of parental rights for the mothers. We are sincerely pleased that we can pass that bill, which will allow children born in a lesbian relationship to be placed on an equal footing with children born in a heterosexual relationship. If the lesbian couple is married, then the wife of the child’s mother automatically becomes the co-mother. When the couple is not married, the mate can still recognize the child, even if the couple may still marry later, in the same way as with heterosexuals. This immediately means that the adoption procedure, which must now be underway in order to recognize a child of the partner, will no longer be necessary. This is especially important due to the uncertainty for the mother-in-law if something happens to the mother during the procedure, as there is no legally established descent relationship with the mother-in-law during that interim period.

Of course, we are also pleased that the discussion in the Senate could take place on the basis of the proposal that we had submitted in the Chamber, and that in the form of an amendment. After the discussion and cooperation with all the parties, that has led to the final draft, as it is now presented in the House.

It is the purpose of our proposal, as also reflected in the draft, that the progeny law already applicable to heterosexual couples in which the husband is not the biological father of the child, be extended to lesbian couples. For me, that was the best way of thinking. The hearings also highlighted this as the best result.

We recognize that this system is not perfect. The new descent scheme is also not perfect for heterosexuals where the legal father is not always the biological father. The Constitutional Court has repeatedly ruled that our legislation needs to be amended. In that sense, it seemed important for us to align the arrangement with what is in place today. In the next legislature, we want to commit ourselves to effectively conducting the parliamentary debate in an open and constructive way to address the problem of reproduction and descent as a whole, both for heterosexual couples and for cats.

The adoption procedure is currently perceived by many co-parents as unfair because adoption can only take place two months after the birth, the court must find the co-mother suitable and, in addition, the preparatory path must also be followed. If something happens during the interim period, there is no legal link. I repeat this again because we primarily received those questions and concerns from this group. In addition, adoption also often raised the problem of broken relationships, which means that in such cases no legal bond could also arise with regard to the co-parent, if it was not explicitly provided in the will to be parents together and honor this in this way.

The current situation was all but desirable. Particularly the large political support for the establishment of this arrangement was important, including for the cave movement itself. They found it important that there could be an initial arrangement for lesbian couples, to avoid discussions, but also to be sure that this arrangement would come. In that sense, we are very happy and believe that this can mean great progress for children. If we approve this draft tomorrow, it will provide certainty for these wishes-parents on protection.

This scheme is indeed limited to a scheme for two mothers, but we also want to commit ourselves to seek out schemes for surrogacy in a future legislature. We believe this is essential, including to avoid commercial transactions related to conception, both with respect to lesbian mothers and gay couples. Therefore, we find it important to have a good arrangement for supporting motherhood. We consider it important to take the time to conduct this discussion, also in the next legislature.

We are pleased that this arrangement exists and that we can still approve it, so that often young women can provide security. One question that we often get is whether one can recognize his child tomorrow. It is important to communicate that is provided for a transitional period of six months. What you have in hand, Mrs. Minister, is that this draft can be published quickly. This is also important.

Mr. Speaker, Mrs. Minister, dear colleagues, the bill that is subject to our vote constitutes for my group a significant advance in the fight against discrimination and, above all, in the protection of the best interests of the child.

The establishment of filiation with respect to the co-parent makes it possible to put heterosexual couples and female couples on an equal footing with regard to the establishment and contestation of filiation and allows the recognition of comaternity without going through the long and difficult procedure of adoption.

It also helps to fill the current legal void, in particular in the event of disagreement during pregnancy if the caring mother opposes recognition while the project was prepared by the couple or in the event of an unfortunate accident before the end of the adoption procedure, and to ensure greater legal security for these couples.

This text represents an important step, but not the last one that we will have to go through, as my colleague said. Indeed, when our assembly has legislation on gestation for others, it will be appropriate to allow the same procedure for the benefit of male homosexual couples. It is then that we can really congratulate ourselves on the end of this important discrimination between heterosexual and homosexual couples.

That is why we welcome the progress that we are proposed to vote tomorrow.

Mr. Speaker, Mr. Minister, I have asked you several times about this bill because this subject is very important to me. As you seemed to have taken things into your hands, I thought things would go right. I confess that you made us very, very scared because we ultimately believed that the legislature would pass without seeing the problem solved.

However, this is an old problem. In 2002, I submitted the first bill establishing a filiation between a child and two parents of the same sex, with the same goal of trying to solve the problem of all those children who, already at present, are born in families of women through assisted procreation.

In the meantime, fortunately, things advanced in adoption, which represented a first symbolic step of very great importance; indeed, the whole of this parliament voted on the authorization granted to same-sex couples to raise children.

These children are already grown up and are doing very well. But since we have to go through this procedure of adoption to gather a parliamentary majority, we will do it!

Both the persons concerned and the multiple stakeholders of the adoption noticed that the procedure was inadequate. As you know, an adoption is long and requires training, a series of formalities and going through justice and others. It was totally inadequate compared to a parent who has been in a child desire, who has been able to realize that child desire, who has actually raised children for many years. In addition, mixing this audience with a public requesting adoption was completely inappropriate.

Fortunately, this text will align the situation of female couples with the situation of heterosexual couples with the same possibilities, with prenatal recognition, which is more generally called abdominal recognition. The text will take effect only six months after publication but will not only apply to newborns, but to all minor children. In fact, all mothers who have not had the opportunity to recognize their child will be able to do so in the year following the entry into force of this law.

Sometimes I wonder if cohabitation is mandatory. No, because heterosexual people do not need to live together to recognize their children. The same rules apply in this area. Further discussions will come to animate this parliament on the issue of filiation, access to the different modes of filiation. These debates being much more complicated will deserve real hearings, searched and quiet on the subject, which was no longer possible now at the end of the legislature.

I had not even heard that Mrs. Goebbels had to speak.

I think that today, with the proposed draft, which has been worked hard on, we are removing an existing inequality between the establishment of ancestral relationships among couples of the same and different sexes.

Over the last ten years, our family law has evolved considerably in terms of the rights of gay couples.

In 2003 they were granted the right to marry. They have been able to adopt children together since 2006. This design is a logical next step, namely that one can also do the establishment of a descent relationship with respect to the co-parents.

This means that discrimination is eliminated, but this means above all that the legal status of the co-parent, during the long and difficult adoption process, which can often take several months to a year, becomes much faster, from the moment of birth, clearer. I think that’s quite logical and in the best interests of the child.

With this draft, today we are taking a step further in eliminating discrimination between gay and heterosexual couples. That is why I can more than support this proposal.